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CARDILLO V. LIBERTY MUT. INS. CO., 330 U. S. 469 (1947)

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U.S. Supreme Court

Cardillo v. Liberty Mut. Ins. Co., 330 U.S. 469 (1947)

Cardillo v. Liberty Mutual Insurance Co.

No. 265

Argued January 10, 1947

Decided March 10, 1947

330 U.S. 469

Syllabus

A resident of the District of Columbia was employed by a District of Columbia employer, had previously worked in the District for six years, and was subject to assignment to work there, but had been working for over three years at Quantico, Virginia, and commuting daily between there and his home in the District, where his wife also resided. An agreement between the employer and the employee's union bound the employer to furnish "transportation . . . for all work outside the District of Columbia." A fixed sum per day was agreed upon as transportation expense to Quantico and was added to the employee's pay. Transportation actually was provided daily by cooperation of employees in a car pool, in which the employer acquiesced but over which he exercised no control. The employee was injured fatally in Virginia while driving his car home from work.

Held:

1. A claim by the widow for compensation for the death of the employee was within the jurisdiction of the Deputy Commissioner under the District of Columbia Workmen's Compensation Act. Pp. 330 U. S. 473-477.

2. As here applied, the District of Columbia Act satisfies any constitutional requirements of due process or full faith and credit. P. 330 U. S. 476.

3. Upon the particular facts of this case, the Deputy Commissioner's finding that the death of the employee "arose out of and in the course of employment" was supported by evidence and not inconsistent with the law; it was therefore conclusive, and the compensation award must be sustained. Pp. 330 U. S. 477-485.

(a) The Deputy Commissioner's conclusion in this case that the employer had agreed to furnish transportation to and from work, and had paid the expense of transportation in lieu of actually supplying the transportation itself, and that the case therefore was within a recognized exception to the general rule that injuries received by an employee while traveling between home and work do chanroblesvirtualawlibrary

Page 330 U. S. 470

not "arise out of and in the course of employment," was not erroneous as a matter of law. Pp. 330 U. S. 478-480.

(b) In determining whether an injury suffered by an employee while traveling between home and work is one "arising out of and in the course of employment," the existence or absence of control by the employer over the acts and movements of the employee during the transportation is a factor to be considered, but is not decisive. Pp. 330 U. S. 480-481.

81 U.S.App.D.C. 72, 154 F.2d 529, reversed.

An employer and its insurance carrier brought suit to set aside an order of the Deputy Commissioner awarding compensation to a claimant under the District of Columbia Workmen's Compensation Act. The District Court dismissed the complaint. The Court of Appeals reversed. 81 U.S.App.D.C. 72, 154 F.2d 529. This Court granted certiorari. 329 U.S. 698. Reversed, p. 330 U. S. 485.





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